E.P.A. to Reconsider Ban on Deadly Asbestos, Delaying Enforcement for Years
The Trump administration has announced plans to revisit a critical ban on chrysotile asbestos, the last remaining type of asbestos still permitted in the United States. According to a recent filing with the Fifth Circuit Court of Appeals, this move could suspend enforcement of the existing rule for over two years while the Environmental Protection Agency (EPA) undergoes a formal reconsideration process.
The decision marks a significant setback for public health advocates who have long fought to eliminate all forms of asbestos due to its well-documented links to life-threatening illnesses. Chrysotile asbestos, often referred to as “white” asbestos, is banned in more than 50 countries. It is known to cause lung cancer and mesothelioma, a rare and aggressive cancer that affects the linings of the lungs and other organs.
In the United States, chrysotile asbestos has historically been used in roofing products, cement, textiles, and various industrial components, including brake pads, clutches, gaskets, and seals. It also plays a role in chlorine production, particularly within the chlor-alkali industry. While the use of asbestos has declined significantly over the years, a few key sectors continue to rely on it for specific manufacturing needs.
Under President Biden, the EPA issued a final rule in 2023 that prohibited the manufacture, import, and commercial use of chrysotile asbestos. The rule, established under the strengthened authority of the 2016 revision to the Toxic Substances Control Act, marked a historic regulatory step. Although it phased out the mineral over time, granting some industries up to 12 years to fully comply, it was the most significant federal restriction on asbestos since the 1970s.
The chemical industry, however, quickly pushed back. Lobbying efforts from organizations like the American Chemistry Council influenced how the rule was structured. As a result, the rule became the subject of ongoing litigation. With the Trump administration back in power, the EPA has formally stated it will reconsider key elements of the rule. Specifically, the bans on importing chrysotile asbestos for chlorine production and the use of asbestos in new industrial gaskets.
The reconsideration, which is expected to last approximately 30 months, will likely delay implementation of the ban and any related enforcement actions. This has raised concern among health advocates who warn that the delay could prolong public exposure to a known carcinogen.
Critics argue that postponing the rule could endanger thousands of American lives. Asbestos exposure remains responsible for tens of thousands of deaths each year in the United States. This is primarily due to respiratory diseases and cancers directly linked to inhaling or ingesting its microscopic fibers.
Adding to the controversy, the court filing was signed by Lynn Dekleva, a former official with the American Chemistry Council who also served in the Trump administration. Her involvement has drawn attention from advocacy groups, who question whether the EPA’s current approach favors industry interests over public health protections.
The EPA declined to comment on the litigation, citing its standard policy not to discuss ongoing legal matters. The American Chemistry Council expressed support for the agency’s decision to revisit the rule, stating it was in favor of a science-based approach to chemical regulation.
Meanwhile, the Asbestos Disease Awareness Organization and other health-focused nonprofits have pledged to challenge the motion to delay the rule. They intend to push the Fifth Circuit Court of Appeals to continue its review of the original 2024 ban, aiming to prevent any rollback that could jeopardize lives.
While the future of the rule remains uncertain, the EPA’s decision to reopen debate on asbestos regulation underscores the persistent divide between public health priorities and industrial economic interests. For now, the clock resets on a battle that many believed had finally reached a turning point.
If you or someone close to you has been diagnosed with mesothelioma or another asbestos-related illness, you may have legal options. Reach out to our team of experienced attorneys to discuss your case. We’re here to guide you through the process and help you pursue justice.
